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[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37162-37164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14694]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0518; Directorate Identifier 2009-SW-021-AD]
RIN 2120-AA64

Airworthiness Directives; Agusta S.p.A. (Type Certificate 
Currently Held by AgustaWestland S.p.A) (Agusta) Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Agusta Model A109A, A109AII, and A109C helicopters with a certain third 
stage turbine wheel installed. This proposed AD would require 
installing a placard on the instrument panel and revising the 
limitations section of the rotorcraft flight manual (RFM). This 
proposed AD is prompted by several incidents of third stage engine 
turbine wheel failures, which were caused by excessive vibrations at 
certain engine speeds during steady-state operations. The proposed 
actions are intended to alert pilots to avoid certain engine speeds 
during steady-state operations, prevent failure of the third stage 
engine turbine, engine power loss, and subsequent loss of control of 
the helicopter.

DATES: We must receive comments on this proposed AD by August 19, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your 
comments electronically.
     Fax: 202-493-2251.
     Mail: Send comments to the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the economic 
evaluation, any comments received, and other information. The street 
address for the Docket Operations Office (telephone 800-647-5527) is in 
the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.
    For service information identified in this proposed AD, contact 
Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review the 
referenced service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.

FOR FURTHER INFORMATION CONTACT: Chinh Vuong, Aviation Safety Engineer, 
Safety Management Group, Rotorcraft Directorate, FAA, 2601 Meacham 
Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; email 
chinh.vuong@faa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 37163]]

Comments Invited

    We invite you to participate in this rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impacts that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as 
a report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. Before acting on this proposal, we 
will consider all comments we receive on or before the closing date for 
comments. We will consider comments filed after the comment period has 
closed if it is possible to do so without incurring expense or delay. 
We may change this proposal in light of the comments we receive.

Discussion

    The European Aviation Safety Agency (EASA), which is the aviation 
authority for Italy, has issued EASA AD No. 2009-0037-E, dated February 
19, 2009, to correct an unsafe condition for Agusta Model A109A, 
A109AII, and A109C helicopters with a Rolls Royce Corporation (RRC) 
engine Model 250-C20B or 250-C20R/1 having a third stage turbine wheel 
part number (P/N) 23065833 installed. EASA advises that following 
several third stage turbine wheel failures, the engine type certificate 
holder, RRC, issued Commercial Engine Bulletin (CEB) A-1400 Revision 3, 
dated January 19, 2009 (CEB A-1400), to introduce an operational 
limitation on the power turbine (N2) speed range (95% to 97%) for more 
than 60 seconds in single or cumulative events for engines with the 
third stage turbine wheel P/N 23065833 installed.
    The EASA AD requires amending the RFMs and installing a placard as 
described in Agusta Bollettino Tecnico No. 109-129, dated February 16, 
2009 (BT 109-129). The EASA AD also states to avoid steady-state 
operation in the 95% to 97% N2 range for more than 60 seconds, and 
requires the corrective actions of CEB A-1400 if that limitation is 
exceeded.

FAA's Determination

    These helicopters have been approved by the aviation authority of 
Italy and are approved for operation in the United States. Pursuant to 
our bilateral agreement with Italy, EASA, its technical representative, 
has notified us of the unsafe condition described in its AD. We are 
proposing this AD because we evaluated all known relevant information 
and determined that an unsafe condition is likely to exist or develop 
on other helicopters of the same type design.

Related Service Information

    Agusta has issued BT 109-129, which contains procedures for 
installing a placard on the instrument panel below or near the engine 
and rotor RPM power turbine (N2) indicator and for inserting the RFM 
changes into the flight manual.

Proposed AD Requirements

    This proposed AD would require installing a placard on the 
instrument panel adjacent to the engine and rotor RPM power turbine 
(N2) indicator and revising the Operating Limitations sections of the 
Model A109A, A109AII, and A109C RFMs to limit steady-state operations 
between speeds of 95% and 97%.

Costs of Compliance

    We estimate that this proposed AD would affect 40 helicopters of 
U.S. Registry. Based on an average labor rate of $85 per hour, we 
estimate that operators may incur the following costs in order to 
comply with this AD. Amending the RFM would require about 0.25 work-
hour, for a cost per helicopter of about $22 and a cost to U.S. 
operators of $880. Installing the decal would require about 0.2 work-
hours, and required parts would cost about $5, for a cost per 
helicopter of $22 and a cost to U.S. operators of $880. Based on these 
estimates, the total cost of this proposed AD would be $44 per 
helicopter and $1,760 for the U.S. operator fleet.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that 
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply 
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Agusta S.p.A. (Type Certificate Currently Held By Agustawestland 
S.p.A.) (Agusta): Docket No. FAA-2013-0518; Directorate Identifier 
2009-SW-021-AD.

[[Page 37164]]

(a) Applicability

    This AD applies to Agusta Model A109A, A109AII, and A109C 
helicopters with a third stage turbine wheel, part number 23065833, 
installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a third stage turbine 
vibration, which could result in turbine failure, engine power loss, 
and subsequent loss of control of the helicopter.

(c) Comments Due Date

    We must receive comments by August 19, 2013.

(d) Compliance

    You are responsible for performing each action required by this 
AD within the specified compliance time unless it has already been 
accomplished prior to that time.

(e) Required Actions

    Within 30 days:
    (1) For Model A109A helicopters, revise the Power Plant 
Limitations section, page 1-7, of the Model A109A Rotorcraft Flight 
Manual (RFM) by inserting page 5 of Agusta Bollettino Tecnico No. 
109-129, dated February 16, 2009 (BT 109-129).
    (2) For Model A109AII helicopters, revise the Power Plant 
Limitations section, page 1-6, of the Model A109A RFM by inserting 
page 6 of BT 109-129.
    (3) For Model A109C helicopters, revise the Power Plant and 
Transmission Limitations section, page 1-8, of the Model A109A RFM 
by inserting page 7 of BT 109-129.
    (4) Install a placard on the instrument panel adjacent to the 
Engine and Rotor RPM Power Turbine (N2) Indicator that states:

MIN. CONT. 97% N2--MIN. TRANS. 95% N2

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs 
for this AD. Send your proposal to: Chinh Vuong, Aviation Safety 
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 2601 
Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-5110; 
email chinh.vuong@faa.gov.
    (2) For operations conducted under a 14 CFR part 119 operating 
certificate or under 14 CFR part 91, subpart K, we suggest that you 
notify your principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office or 
certificate holding district office before operating any aircraft 
complying with this AD through an AMOC.

(g) Additional Information

    (1) For service information identified in this AD, contact 
Agusta Westland, Customer Support & Services, Via Per Tornavento 15, 
21019 Somma Lombardo (VA) Italy, ATTN: Giovanni Cecchelli; telephone 
39-0331-711133; fax 39 0331 711180; or at http://www.agustawestland.com/technical-bullettins. You may review a copy 
of the service information at the FAA, Office of the Regional 
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, 
Texas 76137.
    (2) The subject of this AD is addressed in European Aviation 
Safety Agency AD No. 2009-0037-E, dated February 19, 2009.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 7250: Turbine 
Section.

    Issued in Fort Worth, Texas, on June 13, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14694 Filed 6-19-13; 8:45 am]
BILLING CODE 4910-13-P
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